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DECREE No

DECREE No.73-CP OF NOVEMBER 1st, 1995 OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Proceeding from the Resolution adopted on October 21, 1995 by the 8th session of the IXth National Assembly;

At the proposals of the Minister of Agriculture and Rural Development and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Ministry of Agriculture and Rural Development is an agency of the Government, having the function of State management over agriculture, forestry, water resources and rural development.

Article 2.- The Ministry of Agriculture and Rural Development shall have to carry out the State management tasks and powers provided for in Chapter IV of the Law on Organization of the Government and in Decree No.15-CP of March 2, 1993 of the Government. It has the following main tasks and powers:

1. Submitting to the Government draft laws, ordinances and other legal documents concerning agriculture, forestry, water resources and rural development. Issuing, within its jurisdiction, documents with regard to the areas under its management.

2. Proposing to the Government the strategies, masterplans, long-term and medium-term plans and, after getting the Government's approval, organizing the direction and guidance for the implementation of those plans in the following areas:

- Cultivation, husbandry, processing of agricultural and forest products and development of rural businesses and occupations.

- Management, protection, development and exploitation of forests.

- Management of the water resources (except raw natural mineral water and geo-thermal water), management of the construction and operation of irrigation works, the prevention and fight against floods and storms, the protection of dykes (river and sea dykes), management of the exploitation and all-round development of rivers.

- State management of specialized service activities.

.3. Performing the uniform management of the national systems of breeds and gene funds of both plants and animals (including their production, import and export).

4. Organizing and directing the promotion of agriculture and forestry.

5. Organizing scientific and technological researches and the application of scientific and technological advances in the areas under its management.

6. Managing the quality of specialized construction projects; the quality of marketable agricultural and forestry products; controlling the safety of dams and dyke projects, national food safety, the prevention of animal and plant diseases and epidemics, safety in the utilization of chemicals in production and preservation of agricultural products and foodstuffs.... within the scope of its responsibility and in accordance with law.

7. Presiding over and collaborating with the various branches and localities in drawing up and submitting to the Government the regimes, policies, and programs for rural development in the economic, cultural and social fields; monitoring and reviewing those issues then reporting to the Government.

8. Performing the function of State management over the agricultural, forestry and water resources enterprises under its management in accordance with the Law on State Enterprises and the Government's regulations on the assignment or delegation of authority in management to the Ministry of Agriculture and Rural Development.

9. Managing its organization, officials and employees in accordance with law and in line with the assignment of the Government.

10. Undertaking specialized inspection and control.

11. Organizing and guiding the implementation of the plant and animal quarantine and protection (including domestic, imported and exported plants and animals), the forest rangers' work, the protection of irrigation projects, dykes and rivers.

12. Organizing and managing international cooperation in the areas under its management.

13. Performing the task of a standing member of the Central Steering Committee for Prevention and Fight against Floods and Storms and the tasks assigned to the Ministry by the Vietnam National Mekong River Committee.

14. Organizing and guiding the distribution of labor and population, the development of new economic zones and the promotion of sedentarization.

15. Organizing and managing the protection forests and special-use forests.

16. Managing the granting and withdrawal of permits in the areas under its management in accordance with law.

Article 3.- The organizational structure of the Ministry of Agriculture and Rural Development is composed of:

1. Units to assist the Minister in performing the State management function:

a/ Departments:

- The Planning and Programming Department.

- The Capital Construction Investment Department.

- The Science, Technology and Product Quality Department.

- The Department of Agriculture and Rural Development Policies.

- The International Cooperation Department.

- The Finance - Accountancy Department.

- The Organization and Personnel Department.

b/ The Specialized State Management Departments:

- The Forestry Development Department.

- The Ranger Department.

- The Plant Protection Department.

- The Veterinary Department.

- The Agriculture and Forestry Promotion Department.

- The Department of Agricultural and Forest Products Processing and Rural Occupation Development.

- The Water and Irrigation Projects Management Department.

- The Department for Prevention and Fight against Floods and Storms, and Dyke Management (acting at the same time as the Office of the Central Steering Committee on Prevention and Fight against Floods and Storms).

- The Sedentarization and New Economic Zones Department.

c/ The Inspectorate.

d/ The Office.

The Minister of Agriculture and Rural Development shall define the functions and tasks of the Departments and the Office, and submit his proposals about the functions and tasks of the Specialized State Management Department to the Government for decision.

2. The non-business establishments directly attached to the Ministry:

The Minister of Agriculture and Rural Development shall collaborate with the Minister-Chairman of the Government Commission on Organization and Personnel in streamlining the scientific research establishments, training schools, health units...under the former Ministry of Agriculture, Ministry of Forestry and Ministry of Water Resources, and make proposals to the Prime Minister for decisions on each issue.

Article 4.- This Decree takes effect from the date of its promulgation. All the previous provisions which are contrary to this Decree are now annulled.

Article 5.- The Minister of Agriculture and Rural Development, the Ministers, the Heads of the agencies at ministerial level and the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET